Tagged: Case Book

The Tinoco Arbitration Award 1923 Principle: non-recognition of a government does not outweigh the evidence of the de facto status of a government. Fact: The “Tinoco regime” came to power through a coup in...

Haile Selassie v Cable and Wireless (UK) 1938 Principle: There is no major difference between de jure and de facto recognition. Facts: As a result of a contract between the defendant company and the...

The Arantzazu Mendi Case (UK) 1939 Principle: When there is effective control over the territory of a government of de fecto (recognition) a foreign court can not apply its jurisdiction over its matter. Fact:...

Luther v Sagor (UK) 1921 Principle: Once a government is recognized, its acts will be granted as valid, even those prior to its recognition, known as retrospective effect. Fact: Luther was a British Citizen...

Bank of Ethiopia V. National Bank of Egypt and Liguori 1937 Principle: To be a de facto government that government must have effective control over the territory. Fact: An Italian decree promulgated after the capture...

The Gabcikovo-Nagymaros Project case, Hungary v. Slovakia (1997) Facts: The Gabčíkovo–Nagymaros Dams project. Initiated by the Budapest Treaty of 16 September 1977 between the Czechoslovak Socialist Republic and the People’s Republic of Hungary.Only a...

Alabama Claims Arbitration 1872 (USA and UK) Principle: No state can deny the international responsibilities using his domestic law as a shield. But the state law have to connection in the International Law. Fact:...

Corfu Channel Case (UK and Northern Ireland v. People’s Republic of Albania) ICJ 194 Principle: The principle of the freedom of maritime communication. An international rout must be free from any danger, and the coastal...

Mighell v. Sultan of Johore Principle: Foreign sovereign shall be treated as independent sovereign and therefore have immunity form local jurisdiction. Diplomatic immunity. Fact: The Sultan’ s sovereign status was an issue in a...

United States v. Yunis 924 F.2d 1086 (1991) Principle: Passive nationality principle; a state may assume extra-territorial jurisdiction over aliens if that person cause suffering, injury or a civil damage is its national. Fact: Mr....

Attorney General of the Government of Israel Vs Eichmann (1962) Principle: The universal principle (Jurisdiction). It recognizes that a sovereign can adopt criminal laws that apply to the person who has committed any crime...

The Chorzow Factory Case (1928, Germany v Poland) Principle: It is a general principle of law as well as International law, that any breach of agreement creates an obligation to make reparation. Fact: There was an agreement between...

North Sea Continental Shelf cases, ICJ Reps, 1969, p. 3 at 44 Principle: Ratification after signature is required to consequently make that party liable to obey the treaty. Fact: On 1 December 1964, the Federal Republic...

Lotus Case (France V Turkey, PCIJ 1927) Principle: To be customary International Law there must be some legal obligation (Opinio juris) or force to maintain the customs not because merely they want to. Fact: On...

The Republic of Nicaragua v The United States of America 1986 Principle There is no customary rule in International Law permitting a State to exercise the right of collective self-defense in another country on...